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Articles 1 - 19 of 19
Full-Text Articles in Energy and Utilities Law
Defining Interim Storage Of Nuclear Waste, Max Johnson
Defining Interim Storage Of Nuclear Waste, Max Johnson
Northwestern University Law Review
Nuclear power may be humanity’s best hope to curb climate-altering greenhouse gas emissions. But public fear of its dangers, including the toxicity of nuclear waste, undermines its expansion. To provide for more effective waste disposal, in 2021 and 2022 the Nuclear Regulatory Commission (NRC) recommended licensing two privately-owned nuclear waste storage facilities—called Consolidated Interim Storage Facilities (CISFs)—to be built in New Mexico and in Texas. Both states vehemently oppose the construction and operation of these facilities: legislators in both states have proposed state laws opposing them, and both states have sued the NRC challenging the legality of the facilities’ licensure. …
Offshore Wind Development In The Great Lakes: Accessing Untapped Energy Potential Through International And Interstate Agreement To Overcome Public Trust Concerns, Jordan Farrell
Northwestern Journal of International Law & Business
Offshore wind energy development in the Great Lakes presents an immense opportunity for distributed generation of renewable energy; however, this potential has thus far remained untapped. One significant barrier to why there has not yet been such wind energy development in the Great Lakes is the public trust doctrine. This doctrine generally stands for the principle that a state cannot convey its submerged lands to a private party. However, there remains much legal uncertainty with regards to the doctrine. Courts and scholars have struggled to determine with any certainty the origins and grounding of the doctrine and the limits it …
Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs
Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs
Northwestern Journal of Law & Social Policy
Chicago’s Little Village community bears the heavy burden of environmental injustice and racism. The residents are mostly immigrants and people of color who live with low levels of income, limited access to healthcare, and disproportionate levels of dangerous air pollution. Before its retirement, Little Village’s Crawford coal-burning power plant was the lead source of air pollution, contributing to 41 deaths, 550 emergency room visits, and 2,800 asthma attacks per year. After the plant’s retirement, community members wanted a say on the future use of the lot, only to be closed out when a corporation, Hilco Redevelopment Partners, bought the lot …
Traditional Public Utility Law And The Demise Of A Merchant Transmission Developer, Meredith Hurley
Traditional Public Utility Law And The Demise Of A Merchant Transmission Developer, Meredith Hurley
Northwestern Journal of Law & Social Policy
No abstract provided.
Development In International Energy Law, David Van Zandt
Development In International Energy Law, David Van Zandt
Northwestern Journal of International Law & Business
International energy law embodies a matter of keen interest that affects the daily lives of citizens in developing and developed countries worldwide. Among numerous other effects, international energy law influences gas prices, wages, employment rates and domestic market regulations. The weight of these direct consequences of international energy law and policy led to the creation of this year's symposium topic. The goal of this year's symposium is to identify issues arising from various international energy laws as well as to understand the effects that recent international events, including the fall of Enron, the creation of NAFTA and the political unrest …
Arbitration Of International Oil, Gas, And Energy Disputes In Latin America, Alexia Brunet, Juan Agustin Lentini
Arbitration Of International Oil, Gas, And Energy Disputes In Latin America, Alexia Brunet, Juan Agustin Lentini
Northwestern Journal of International Law & Business
An increase in global reliance on fossil fuels has prompted greater discussion on energy security. For the United States, interest has focused on ensuring that countries in the Western Hemisphere, which currently supply roughly half of U.S. imports of crude oil and petroleum products, remain stable sources of energy. While concerns have focused on political instability and a rising interest in the hemisphere's energy resources by China and India, the conversation centers on a hemispheric trend toward resource nationalism. Resource nationalism is exemplified by the global trend of placing the world's oil reserves under the control of national oil companies …
Methanex V. United States: The Realignment Of Nafta Chapter 11 With Environmental Regulation, Kara Dougherty
Methanex V. United States: The Realignment Of Nafta Chapter 11 With Environmental Regulation, Kara Dougherty
Northwestern Journal of International Law & Business
In July 1999, the Canadian firm Methanex Corporation ("Methanex") notified the United States of its intention to seek approximately $1 billion in damages for the United States's alleged breach of Chapter 11 of the North American Free Trade Agreement ("NAFTA"). NAFTA, a trilateral agreement among the United States, Canada and Mexico (the "Parties"), gives private, foreign investors from each country the right to bring claims against another Party under certain circumstances. Methanex claimed a California measure banning the use of the gasoline additive MTBE discriminated against and expropriated its investments. The case of Methanex v. United States highlights two unintended …
Beyond Enron: Regulation In Energy Derivatives Trading, Alexia Brunet, Meredith Shafe
Beyond Enron: Regulation In Energy Derivatives Trading, Alexia Brunet, Meredith Shafe
Northwestern Journal of International Law & Business
The bankruptcy of the Enron Corporation in December 2002 is the biggest corporate bankruptcy in U.S. history. The Houston-based company, formed in 1985, became the nation's seventh-largest company in revenue by buying electricity from generators and selling it to consumers. Because Enron made the market in energy trading, its collapse fundamentally altered the U.S. energy trading industry. Equally important, the disclosure of Enron's role in California's power market crisis shattered confidence in deregulated wholesale-electricity and natural gas markets, creating obstacles for new players seeking to restore confidence in energy trading markets. New market entrants offer their clients a more complete …
Legal Hurdles To Developing Wind Power As An Alternative Energy Source In The United States: Creative And Comparative Solutions, Adam M. Dinnell, Adam J. Russ
Legal Hurdles To Developing Wind Power As An Alternative Energy Source In The United States: Creative And Comparative Solutions, Adam M. Dinnell, Adam J. Russ
Northwestern Journal of International Law & Business
This article discusses how parties have used current domestic environmental laws to curb the development of a more "environmentally-friendly" alternative energy source: wind power. As the ever-increasing demand for oil and petroleum around the world leads to rising costs throughout the nation, investing in new energy sources is considered crucial to sustainable development in the United States. Wind power has the potential to serve as a clean, efficient, and renewable source of energy in the 21st Century. The further development of wind power could create a meaningful alternative energy supply, relaxing geopolitical and economic concerns over this country's strict century-old …
Addicted To The Pump, Shaneka Reese
Addicted To The Pump, Shaneka Reese
Northwestern Journal of International Law & Business
Most of the world has acknowledged a growing problem with greenhouse gas emissions ("GHG"), and has expressed that acknowledgement by ratifying the Kyoto Protocol ("Kyoto"). The United States, however, has refused to ratify Kyoto. Automobiles are responsible for the largest portion of the global increase in carbon dioxide emissions. As part of the most powerful industry in the world, U.S. automakers are capable of reducing emissions as required by Kyoto. Adopting Kyoto will in fact prove beneficial to American automakers, by forcing them to adjust to the new market condition that has contributed to the ascendancy of foreign automakers--the desire …
African Private Security Companies And The Alien Tort Claims Act: Could Multinational Oil And Mining Companies Be Liable?, Jennifer L. Heil
African Private Security Companies And The Alien Tort Claims Act: Could Multinational Oil And Mining Companies Be Liable?, Jennifer L. Heil
Northwestern Journal of International Law & Business
This paper focuses specifically on the possible liability under the ATCA of multinational oil and mining companies operating in Africa. First, it will examine the relationships between the multinational oil and mining companies, private security forces and African governments. In doing so, it will describe the actual activities and operations of the private security forces in conjunction with the oil and mining corhpanies. Second, this paper will outline the elements of liability under the ATCA. This will include a discussion of recent cases in which foreign nationals have sued multinational companies in the United States for alleged human rights abuses …
Infrastructure For Commerce, Michael B. Likosky
Infrastructure For Commerce, Michael B. Likosky
Northwestern Journal of International Law & Business
While the government presents the MSC as the embodiment of the future, structurally it bears remarkable resemblance to the colonial legal orders. The enclave nature of the MSC is reminiscent of the colonial dual legal orders. At the same time, the international legal and economic orders have undergone profound changes. The international legal order is now premised on sovereign absolutism and equality among nation-states. The reigning economic paradigm is high technology rather than manufacturing or the spice trade. Discussion of the continuities and discontinuities between colonial and present day transnational legal orders must thus attend to a number of variables. …
Transactional, Social, And Legal Aspects Of Oil Exploration And Extraction In Colombia, Juan Carlos Palau
Transactional, Social, And Legal Aspects Of Oil Exploration And Extraction In Colombia, Juan Carlos Palau
Northwestern Journal of International Law & Business
In Colombia, as in many other countries with oil reserves potential, the government has sought to reduce the activity's inherent high degree of un-certainty by shaping the legal and economic environment that foreign com-panies have to operate in, making it more profitable and attractive for them.16 This paper seeks to accurately represent this environment to the pro-spective investor, starting with the structures of the two basic transactions, referred to herein as "modes", through which most commonly, foreign com-panies participate in the oil industry in Colombia, namely, the Standard As-sociation Mode ("S.A.M") and the Risk Sharing Mode ("R.S.M.").17 The contractual agreements …
Network Industries, Third Party Access And Competition Law In The European Union, Carlos Lapuerta, Boaz Moselle
Network Industries, Third Party Access And Competition Law In The European Union, Carlos Lapuerta, Boaz Moselle
Northwestern Journal of International Law & Business
This article addresses a set of issues that arise in the context of market liberalization for a special and important class of industries, the so-called "network industries," which include electricity, natural gas, rail transportation and telecommunications. Each of these industries combines activities that are potentially competitive, such as generation of electricity, with ones that are naturally monopolistic, such as transmission of electricity. This combination produces a unique set of challenges to competition law and policy in designing a market structure and regulatory framework which maximize the benefits of liberalization while effectively controlling any tendencies to monopolistic abuse. We analyze "Chicago …
A Critique Of Light-Handed Regulation: The Case Of British Gas February 1999, Paul Carpenter, Carlos Lapuerta
A Critique Of Light-Handed Regulation: The Case Of British Gas February 1999, Paul Carpenter, Carlos Lapuerta
Northwestern Journal of International Law & Business
Although attractive in theory, the implementation of light-handed regulation in the United Kingdom has faced several problems. First, light-handed regulation has not worked as anticipated to avoid the need for lengthy regulatory proceedings. Second, light-handed regulation has unintentionally created inefficient incentives for regulated companies. Third, light-handed regulation has not successfully constrained the monopoly power of incumbents. We illustrate the problems with light-handed regulation principally by reference to the experience of British Gas. The British government established the Office of Gas Regulation, known as Ofgas, to regulate British Gas after its privatization. However, Ofgas was not able to set reasonable prices …
The Need For Liability Constraints In Successful High-Technology Development: A Comparison Of The French And U.S. Commercial Nuclear Programs, Thomas J. Daemen
The Need For Liability Constraints In Successful High-Technology Development: A Comparison Of The French And U.S. Commercial Nuclear Programs, Thomas J. Daemen
Northwestern Journal of International Law & Business
The history of America's nuclear program is replete with examples of shining brilliance and dismal failure. After examining America's successes and failures, this Comment reviews the highly structured French development history. The internationalization of nuclear safety is then addressed, as international efforts continue to play a critical role in future nuclear production. Finally, a variety of key recommendations for current and future activity are analyzed.
Gatt And The Half-Life Of Uranium Industry Protection, James R. Wilch
Gatt And The Half-Life Of Uranium Industry Protection, James R. Wilch
Northwestern Journal of International Law & Business
The uranium market can never truly be "free," however. Because uranium has few metallurgical uses, and because there is a real danger of weapons-grade uranium falling into irresponsible hands, non-proliferation restraints and tight safety regulation are required on uranium trade. Nevertheless, this Comment will show that civilian uranium trade policy can be formulated to resolve the tension between GATT, and military security and nonproliferation interests.
Energy Policy: A Norwegian Perspective, Tore Tonne
Energy Policy: A Norwegian Perspective, Tore Tonne
Northwestern Journal of International Law & Business
Few countries in the industrialized West are more energy directed than Norway. Whereas most nations have paid particular attention to the relationship between their economic growth and the consumption of energy, Norway has to a high degree based her industrialization and economic growth on the exploitation of indigenous energy resources. Therefore, establishing principles of developing and using energy resources has been an important political topic in Norway since industrialization gathered headway near the turn of the century.
Nuclear Waste Disposal: An International Legal Perspective, Leonard S. Spector, Geoffrey B. Shields
Nuclear Waste Disposal: An International Legal Perspective, Leonard S. Spector, Geoffrey B. Shields
Northwestern Journal of International Law & Business
As the world contends with an energy shortage, the development of alternative sources of energy has become a critical problem. Nuclear power is both an obvious and controversial alternative to traditional fossil fuels. Associated with the use of nuclear power is the important question of nuclear waste disposal. In this article, Messrs. Shields and Spector discuss the nuclear fuel cycle, bring together a survey of how countries around the world are dealing with the question of nuclear waste disposal both domestically and on an international level, and make suggestions for a more aggressive international regulation of nuclear waste disposal.